CHAPTER 379

FORMERLY

SENATE BILL NO. 267

AS AMENDED BY SENATE AMENDMENT NO. 1

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 76, PART VII, TITLE 16 OF THE DELAWARE CODE TO ESTABLISH A LIGHTING ENERGY EFFICIENCY CODE FOR NEW AND EXISTING NON-RESIDENTIAL BUILDINGS.

WHEREAS, energy conservation in new and existing buildings In Delaware is in the public Interest;

and

WHEREAS, the Delaware Thermal and Lighting Committee, consisting of representatives of the public and private sectors as well as professional engineers and building managers has considered and recommended the establishment of lighting efficiency standards applicable to new and existing buildings in Delaware; and

WHEREAS, the Delaware Thermal and Lighting Committee has developed proposed lighting standards that are effective and able to be administered by non-professionals; and

WHEREAS, the adoption of these lighting standards will provide flexibility and certainty to building owners, managers, construction companies, consumers, and the general public; and

WHEREAS, the adoption and enforcement of these lighting standards will reduce the need for costly, environmentally-adverse additional electric power plants in Delaware; and

WHEREAS, these lighting standards will save energy as well as energy costs. NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 76, Part VII, Title 16 of the Delaware Code by adding thereto the following new section:

"7603. Lighting Efficiency Standards for New and Existing Buildings.

Each county or municipality which has adopted a building code shall require as a part of such code lighting efficiency standards which will be in substantial accordance with the following:

(a) All such codes shall require that all existing non-residential public buildings over 25,000 square feet in floor space and all new non-residential buildings over 5,000 square feet in floor space shall comply with at least one of the following lighting standards:

(1) Delaware Lighting Budget approach (DLB); or

(2) Unit Power Density (UPD) IES/EMS-6 1979 standards, or its successor as developed by the National illuminating Engineering Society; or

(3) ASHRAE/IES 90.1-75R (IES/EMS-1 1978) or its successor Lighting Power Budget for new buildings and ASHRAE/IES 100 Series (IES/EMS-4 1979) or its successor for existing buildings.

(4) Lighting Power Budget (Model Code) as contained in the 1977 National Model Code for Energy Conservation or its successor.

(b) Definitions:

(1) 'Non-residential public building' means any building open to the public, employees or visitors during normal business hours, including but not limited to: any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes; any Inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retail merchandise; any portion of an Industrial plant building used primarily as permanent and/or fixed office space; any building owned by a state or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings.

(2) Existing Buildings: For the purpose of this section, existing buildings shall be defined as all buildings and structures in existence on the effective date of these standards, and buildings and structures for which a building permit has been issued prior to the effective date of these standards.

(3) 'Delaware Lighting Budget Approach' means - Delaware Lighting Standard as published by the Delaware Energy Office (Document No. 1005-81-05-04).

(c) Exemptions from Standards - The following buildings are exempt from the requirements of these lighting standards:

(1) Any building whose peak design rate of energy usage for all purposes is less than one watt (3.4 BTUs) per hour per square foot of floor area for all purposes;

(2) Any building with neither a heating nor cooling system;

(3) Any mobile home;

(4) Any building owned or leased in whole or in part by the United States Government;

(5) Any private residence;

(6) Any portion of a manufacturing plant not used primarily for permanent and/or fixed office space;

(7) Any portion of a facility where the proper working of security equipment would be impaired or reduced in its effectiveness, the standard may be waived by the enforcing agency in the amount necessary to meet specification or warranty provisions of the installed equipment.

(d) Compliance with Standards - The Delaware Energy Office or its successor will promulgate procedures for certification of compliance with these standards. However, the respective local government shall have exclusive authority to designate and shall designate the effective date for compliance of these standards for existing buildings."

Approved July 8, 1982.